Undertaking — duration

(1)Subject to subsection (2), the sponsor’s undertaking obliges the sponsor to reimburse Her Majesty in right of Canada or a province for every benefit provided as social assistance to or on behalf of the sponsored foreign national and their family members during the period (a)beginning(i)if the foreign national enters Canada with a temporary resident permit, on the day of that entry,(ii)if the foreign national is in Canada, on the day on which the foreign national obtains a temporary resident permit following an application to remain in Canada as a permanent resident, and(iii)in any other case, on the day on which the foreign national becomes a permanent resident; and (b)ending(i)if the foreign national is the sponsor’s spouse, common-law partner or conjugal partner, on the last day of the period of three years following the day on which the foreign national becomes a permanent resident,(ii)if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner, or is a person referred to in paragraph 117(1)(g), and is less than 22 years of age on the day on which he or she becomes a permanent resident, on the earlier of(A)the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident, and(B)the day on which the foreign national attains 25 years of age,(iii)if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner and is 22 years of age or older on the day on which he or she becomes a permanent resident, on the last day of the period of three years following the day on which the foreign national becomes a permanent resident,(iv)on the last day of the period of 20 years following the day on which the foreign national becomes a permanent resident, if the foreign national is(A)the sponsor’s mother or father,(B)the mother or father of the sponsor’s mother or father, or(C)an accompanying family member of the foreign national described in clause (A) or (B), and(v)if the foreign national is a person other than a person referred to in subparagraph (i), (ii), (iii) or (iv), on the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident.

(2)In the case of an undertaking to a competent authority of a province referred to in paragraph 131(b), the period referred to in subsection (1) shall end not later than (a)if the foreign national is a sponsor’s spouse, common-law partner or conjugal partner, on the last day of the period of three years following the day on which the foreign national becomes a permanent resident; (b)if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner, or is a person referred to in paragraph 117(1)(g), and is less than 22 years of age on the day on which he or she becomes a permanent resident, the later of(i)the day on which the foreign national attains 22 years of age, and(ii)the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident; (c)if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner and is 22 years of age or older on the day on which he or she becomes a permanent resident, on the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident; (d)on the last day of the period of 20 years following the day on which the foreign national becomes a permanent resident, if the foreign national is(i)the sponsor’s mother or father,(ii)the mother or father of the sponsor’s mother or father, or(iii)an accompanying family member of the foreign national described in subparagraph (i) or (ii); and (e)if the foreign national is a person other than a person referred to in paragraphs (a) to (d), on the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident.

(3)Despite subsection (2), the period referred to in subsection (1) shall end not later than the day provided for by the laws of the province if that day is (a)in the case of a foreign national referred to in paragraph (2)(a), earlier than the last day referred to in that paragraph; (b)in the case of a foreign national referred to in paragraph (2)(b), earlier than the later of the days referred to in subparagraph (2)(b)(i) and (ii); (c)in the case of a foreign national referred to in paragraph (2)(c), earlier than the last day referred to in that paragraph; (d)in the case of a foreign national referred to in paragraph (2)(d), earlier than the last day referred to in that paragraph; and (e)in the case of a foreign national referred to in paragraph (2)(e), earlier than the last day referred to in that paragraph.

(4)Subject to paragraph 137(c), if the person is to be sponsored as a member of the family class or of the spouse or common-law partner in Canada class and is 22 years of age or older, or is less than 22 years of age and is the sponsor’s spouse, common-law partner or conjugal partner, the sponsor, the co-signer, if any, and the person must, before the sponsorship application is approved, enter into a written agreement that includes (a)a statement by the sponsor and the co-signer, if any, that they will provide for the basic requirements of the person and their accompanying family members during the applicable period referred to in subsection (1); (b)a declaration by the sponsor and the co-signer, if any, that their financial obligations do not prevent them from honouring their agreement with the person and their undertaking to the Minister in respect of the person’s application; and (c)a statement by the person that they will make every reasonable effort to provide for their own basic requirements as well as those of their accompanying family members.

(5)Subject to paragraph 137(c), the sponsor’s undertaking may be co-signed by the spouse or common-law partner of the sponsor if the spouse or common-law partner meets the requirements set out in subsection 130(1), except paragraph 130(1)(c), and those set out in subsection 133(1), except paragraph 133(1)(a), and, in that case, (a)the sponsor’s income shall be calculated in accordance with paragraph 134(1)(b) or (c) or (1.1)(b), as applicable; and (b)the co-signing spouse or common-law partner is jointly and severally or solidarily bound with the sponsor to perform the obligations in the undertaking and is jointly and severally or solidarily liable with the sponsor for any breach of those obligations.